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HomeMy WebLinkAbout1996-05-07; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 7, 1996 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Pro Tem Nygaard called the Meeting to order at 6:03 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Hall, Finnila, Kulchin and Mayor Pro Tem Nygaard. Absent: Mayor Lewis. INVOCATION was given by Senior Pastor Reverend Barry Jones of the Carlsbad Union Church. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: On motion by Council Member Kulchin, Council unanimously approved the Minutes of the following Meetings, as presented: Minutes of the Special Meeting held April 9, 1996. Minutes of the Regular Meeting held April 9, 1996. Minutes of the Special Meeting held April 16, 1996. Minutes of the Regular Meeting held April 16, 1996. Minutes of the Special Meeting held April 23, 1996. Minutes of the Regular Meeting held April 23, 1996. PRESENTATIONS: Mayor Pro Tem Nygaard presented a Proclamation to Charles Jordan, President of the Carlsbad Optimist Club, for RESPECT FOR LAW WEEK. Mayor Pro Tem Nygaard presented a Proclamation to Brian Cook, representing BROTHER BENNO’S SECOND HAND SOCK DRIVE, May 19 - 25, 1996. Mayor Pro Tem Nygaard announced that the Proclamation for DROWNING PREVENTION MONTH will be sent to the Ninth District PTA. 0 0 May 7, 1996 CITY COUNCIL Page 2 ANNOUNCEMENTS: Mayor Pro Tem Nygaard announced that Council Members have been invited to attend and participate in the following events: The Memorial Service for Glenn McComas, at the Mission San Luis Rey, Oceanside, on Wednesday, May 8, 1996, at 11:30 a.m. The Festejando a las Madrecitas at Holiday Park, on Sunday, May 12, 1996, from 12:OO noon until 6:OO p.m. CONSENT CALENDAR: Council Member Kulchin requested Item #4 be removed from the Consent Calendar. ACTION: On motion by Council Member Kulchin, Council unanimously affirmed the action of the Consent Calendar, Items # 1 through # 11, with the exception of Item #4, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 113 1. AB #13,630 - APPROVAL OF INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR LA COSTA PLAZA (SDP 86-3). Council adopted RESOLUTION NO. 96-157, approving an interim Coastal Sage Scrub Take Permit for the La Costa Plaza Project (SDP 86-3), and subtracting 1.7 acres from the City’s five percent allocation. 113 2. AB #13,631 - APPROVAL OF INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR CARLSBAD RANCH PROJECT (SP 207A). Council adopted RESOLUTION NO. 96-158, approving an interim Coastal Sage Scrub Take Permit for the Carlsbad Ranch Project (SP 207A), and subtracting 1.1 acres from the City’s five percent allocation. 97 3. AB #13.632 - APPROVAL OF PROGRAM SUPPLEMENT NO. 14 TO STATE 45 AND LOCAL TRANSPORTATION PARTNERSHIP AGREEMENT SLTPP-5308. Council adopted RESOLUTION NO. 96-159, approving Program Supplement No. 14 to the State and Local Transportation Partnership Program Agreement No. SLTPP-5308 providing funding for the widening of Alga Road from Mimosa Drive to El Camino Real. 0 0 May 7, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 81 4. AB #13,633 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 66 5. AB # 13,634 - APPROVAL OF SIGNATURE AUTHORITY FOR THE CITY’S CO-APPLICATION FOR FUNDING FROM THE CALIFORNIA MOBILE HOME PARK RESIDENT OWNERSHIP PROGRAM. Council adopted RESOLUTION NO. 96-161, authorizing the City Manager or his designee, including but not limited to the Assistant City Manager and Housing and Redevelopment Director, to execute documents necessary or required by the Department of Housing and Community Development for participation in the Mobile Home Park Resident Ownership Program as a co- applicant with Rancho Carlsbad Country Club Estates. 48 6. AB #13,635 - RESULTS OF SPECIAL MUNICIPAL ELECTION HELD MARCH 26, 1996. Council adopted RESOLUTION NO. 96-162, declaring the results of the Special Municipal Election held March 26, 1996. 99 7. AB #13,636 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CARLSBAD GOLF PRACTICE FACILITY - PD 433. Council adopted RESOLUTION NO. 96-163, accepting the improvements, authorizing the City Clerk to record the Notice of Completion and release bonds, and directing the Community Services Department to commence maintaining the public improvements constructed south of Haymar Drive and east of El Camino Real. 39 8. AB # 13,637 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of City investments as of March 31, 1996. 96 9. AB #13.638 - ACCEPTANCE OF CONSTRUCTION OF ALGA 45 ROAD/BATIQUITOS DRIVE TRAFFIC SIGNAL PROJECT - PROJECT NO. 3474. Council adopted RESOLUTION NO. 96-164, accepting the construction of the traffic signal located at Alga Road/Batiquitos Drive, Project No. 3474 as complete and directing the City Clerk to record the Notice of Completion and release bonds in accordance with State law and City ordinances. 0 a May 7, 1996 CITY COUNCIL Page 4 CONSENT CALENDAR: (Continued) 97 10. AB #13,639 - ACCEPTANCE OF 1995 CONCRETE REPAIRS AND 45 PAVEMENT OVERLAYS - PROJECT NOS. 241 1 AND 2412. Council adopted RESOLUTION NO. 96-165, accepting the 1995 Concrete Repairs and Pavement Overlays at five locations in the southwest quadrant of the City, Project Nos. 241 1 and 2412 as complete and directing the City Clerk to record the Notice of Completion and release bonds in accordance with State law and City ordinances. 99 11. AB #13,643 - APPROVAL OF FINAL MAP FOR PARK VIEW WEST - CARLSBAD TRACT NO. 85-15. Council adopted RESOLUTION NO. 96-166, approving the final map for Carlsbad Tract No. 85-15. ITEM REMOVED FROM THE CONSENT CALENDAR: 81 4. AB #13,633 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 96-160, accepting a $1,000 donation from Mary Stanbery to be utilized for the Senior Center Nutrition Program. AYES Nygaard, Kulchin, Finnila and Hall ORDINANCE FOR ADOPTION: 102 12. AB #13,640 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF EL CAMINO REAL. ACTION: On motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-359, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the amendment of Section 10.44.060 to establish a prima facie 55 mile per hour speed limit upon El Camino Real from Hosp Way to the south City limit. AYES: Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: There were no requests to address the Council. 0 0 May 7, 1996 CITY COUNCIL Page 5 MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:20 p.m., and re-convened at 6:21 p.m., with four Members present and Mayor Lewis absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 61 13. AB #13,641 - ACCEPTANCE OF CITY OF CARLSBAD BUSINESS SURVEY RESULTS. ACTION: On motion by Council Member Kulchin, Council accepted the City of Carlsbad 1996 Business Survey prepared by the San Diego Association of Governments. AYES: Nygaard, Kulchin, Finnila and Hall 84 14. AB #13,642 - DISPOSAL OF SURPLUS COMPUTERS. Jay Howard, Executive Coordinator, Carlsbad Educational Foundation, 7208 Columbine Drive, requested Council to consider donating as many computers as possible to their Foundation, which has been created to raise money to support the Carlsbad Unified School District. Mayor Pro Tem Nygaard proposed the following distribution: 41 computers for the Carlsbad Unified School District; 18 computers for the Encinitas Union School District; 18 computers for the La Costa Canyon High School; 3 computers for the Senior Center; 1 computer for ConVis; 7 computers for the Carlsbad Educational Foundation for their program to place a computer in each of the elementary schools. Council Member Hall stated he felt the Boys and Girls Club and the Girls Club should have an opportunity to request computers, and requested this item be continued one week to give those groups an opportunity to submit a request. Council Member Finnila disagreed, stating that the schools need the computers badly, and should be used in structured programs with good teachers. She concurred with Mayor Pro Tem Nygaard as to the distribution of the computers. Council Member Kulchin agreed with Council Member Hall that the Boys and Girls Club and the Girls Club should have an opportunity to request some of the computers. 0 0 May 7, 1996 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: Council Member Hall made a motion to continue this item for one week. AYES Kulchin and Hall NOES: Nygaard and Finnila The motion failed. ACTION: Council Member Kulchin made a motion to give the computers to the organizations mentioned, but also include some computers for the Boys and Girls Club and the Girls Club. The motion died for lack of a second. ACTION: Mayor Pro Tem Nygaard made a motion that the computers be distributed per the proposal she had made earlier. AYES: Nygaard and Finnila NOES: Kulchin and Hall The motion failed. ACTION: On motion by Council Member Kulchin, Council continued this item one week. AYES: Nygaard, Kulchin, Finnila and Hall 113 15. AB #13,645 - ADOPTION OF RESOLUTION OF INTENTION TO AMEND THE ZONING FOR THREE PARCELS LOCATED ALONG CARLSBAD BOULEVARD TO CONFORM TO THE GENERAL PLAN AND LOCAL COASTAL PROGRAM. Council Member Hall stated he would not participate in the discussion on this item due to a possible conflict of interest, and he left the dais at 6:55 p.m.. Mayor Pro Tern Nygaard stated that a request from the Attorney for Ms. Eubanks had been received requesting a continuance of this matter until May 21, 1996. 0 0 May 7, 1996 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) City Attorney Ron Ball stated that he would like the letter from Allen Thomas dated May 6, 1996, to be made a part of the record. He said that notice of this meeting was posted in accordance with State law and County codes. He said this item will only begin the process for amending the zoning, and this would be followed by public hearings before the Planning Commission and the Council, and all property owners would be notified at that time. He stated that Council is not required to continue the item. Mayor Pro Tem issued the invitation to speak to those having filled out a speakers slip, in the event they could not return on May 2 1, 1996. No one wished to speak at this time. ACTION: On motion by Council Member Kulchin, Council continued this item to May 2 1, 1996. AYES: Nygaard, Kulchin and Finnila ABSTAIN: Hall Council Member Hall returned to the dais at 6:59 p.m. 111 16. AB #13,644 - STORM WATER ISSUES UPDATE. Staff gave an update on these issues and Ms. James from the Regional Water Control Board was present to answer questions. ACTION: On motion by Council Member Kulchin, Council accepted and filed the Storm Water Quality Management Program Status Report; and adopted RESOLUTION NO. 96-167, authorizing the appropriation of funds in the amount of $25,000 from the General Fund Balance to the Engineering Department Operating Budget for Stormwater Pollution Prevention Plans, and authorized staff to issue a Request for Proposal to develop Storm Water Pollution Prevention Plans for City-owned facilities. AYES: Nygaard, Kulchin, Finnila and Hall COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. U 0 May 7, 1996 CITY COUNCIL Page 8 ADJOURNMENT: By proper motion, the Regular Meeting of May 7, 1996, was adjourned at 7:58 P.m., in honor of Glenn McComas. Respectfully submitted, Harriett Babbitt Minutes Clerk